Jim Walsh (Fianna Fail)

If the amendment was accepted it would mean the penalty would stand at €3,000, which would be totally inadequate. It would be a strong inducement to employers who would be of a mind to break the law because it would be quite profitable to do so. The points made by the Senator could be countered by recognising that the prescribed ten years or €250,000 do not exceed the particular penalties. This leaves it open to judicial discretion, which is the correct way to approach the issue.

There could be a fairly serious breach of the provisions of the Bill and arguments have been made that many people have profited by employing non-nationals. There is anecdotal evidence that employers may be currently employing non-nationals under permit where national workers are available. This would obviously put them in a position where they would be making substantial profits. The penalties would need to be set at a level which would act as a deterrent and be commensurate with the offence if it was a very serious breach of the section.